section 356
Applications to be made for construction, establishment or installation of factory, workshop as work-place in which steam or other power is to be employed.-
The Puducherry Municipalities Act, 1973Infrastructure1973318 of 312 sections available1 chapters
Chapter IX FINANCE
Statutory text
- (1) Every person intending ---
- (a) to construct or establish any factory, workshop or work-place in which it is proposed to employ steam-power, water power or other mechanical power or electrical power, or
- (b) to install in any place any machinery or manufacturing plant driven by steam, water or other power as aforesaid, not being machinery or manufacturing plant excluded by rules, shall, before beginning such construction, establishment or installation, make an application in writing to the municipal council for permission to undertake the intended work.
- (2) The application shall specify the maximum number of workers proposed to be employed on any day in the factory, workshop, work-place or place and shall be accompanied by, --
- (i) a plan of the factory, workshop, workplace or place prepared in such manner as may be prescribed by rules made in this behalf by the Government, and
- (ii) such particulars as to the power, machinery, plant or place as the municipal council may require by bye-laws made in this behalf.
- (3) The municipal council shall, as soon as may be, after the receipt of the application, ---
- (a) grant the permission applied for, either absolutely or subject to such conditions as it may think fit to impose, or
- (b) refuse permission, if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance or for any other reason to be recorded in writing.
- (4) Before granting permission under sub-section (3), the municipal council -- The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September, 1974.
- (a) shall, if more than nine workers are proposed to be employed on any day in the factory, workshop, work-place or place, obtain the approval of the inspector of factories appointed under the Factories Act, 1948 (Central Act 43 of 1948) having jurisdiction in the area of the municipality, or if there is more than one such inspector, or of the inspector designated by the Government in this behalf by general special order, as regards the plan of the factory, workshop, work-place or place with reference to ---
- (i) the adequacy of the provision for ventilation and light,
- (ii) the sufficiency of the height and dimensions of the rooms and doors,
- (iii) the suitability of the exits to be used in case of fire, and
- (iv) such other matters as may be prescribed by rules made by the Government; and
- (b) shall consult, and have due regard to the opinion of, the municipal health officer where the municipal council employs such an officer and of the Director of Medical Services in other cases, as regards the suitability of the site of the factory, workshop, work-place or place for the purpose specified in the application.
- (a) shall, if more than nine workers are proposed to be employed on any day in the factory, workshop, work-place or place, obtain the approval of the inspector of factories appointed under the Factories Act, 1948 (Central Act 43 of 1948) having jurisdiction in the area of the municipality, or if there is more than one such inspector, or of the inspector designated by the Government in this behalf by general special order, as regards the plan of the factory, workshop, work-place or place with reference to ---
- (5) (a) More than nine workers shall not be employed on any day in any factory, workshop, work-place or place, unless the permission granted in respect thereof under sub-section (3) authorised such employment, or unless fresh permission authorising such employment has been obtained from the municipal council.
- (b) Before granting such fresh permission, the council shall obtain the approval of the inspector of factories referred to in clause (a) of sub-section (4)as regards the plan of the factory, workshop, workplace or place with reference to the matters specified in that clause.
- (6) The grant of permission under this section, --
- (a) shall in regard to the replacement of machinery, the levy of fees, the conditions to be observed and the like, be, subject to such restrictions and control as may be prescribed; and
- (b) shall not be deemed to dispense with the necessity for compliance with the provisions of sections 291 and 293 or section 305 and 306, as the case may be. Explanation.– In this section “workers” shall in relation to any factory, workshop, work-place or place, have the same meaning as in the Factories Act, 1948 (Central Act 43 of 1948).
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